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State Specific Policy Resources: West Virginia
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Electronics Recycling
Electronics Recycling Law -
W. Va. Code Ch. 22, Article 15A.
The A. James Manchin Rehabilitation Environmental Action Plan; § 22-15A-1 to § 22-15A-29
WV Dept. of Environmental Protection -
CED Manufacturer Registration and Takeback Program
WV Solid Waste Management -
Electronic Recycling in West Virginia
Materials Theft
State Metal Scrap Law:
W. Va. Code Ch. 61, Article 3.
Crimes Against Property
§ 61-3-49.
Purchase of scrap metal by scrap metal purchasing businesses, salvage yards or recycling facilities; certificates, records and reports of such purchases; criminal penalties. (as amended by
2021 WV SB 626
, effective 07/07/21)
§ 61-3-49b.
Disruption of communications and utilities services.
§ 61-3-49c.
Possession of a catalytic converter without documentation of ownership or authority to possess; advertising the sale or purchase of a catalytic converter. (as created by
2021 WV SB 626
, effective 07/07/21)
W. Va. Code Ch. 11, Article 12, § 11-12-5a.
Prohibition on certificate being obtained by person connected to illegal activities involving scrap metal.
W. Va. Code Ch. 31, Article 2; § 31-2-17.
Selling railroad scrap metal.
ISRI Summary of West Virginia Metal Scrap Statute
(July 30, 2021)
Scrap Yard / Junk Yard Zoning
W. Va. Code Ch. 17, Article 23.
Salvage Yards; § 17-23-1 to § 17-23-13
State Superfund (no SREA equivalent)
W. Va. Code Ch. 22, Art. 11, § 22-11-29.
Reimbursement of response costs.
W. Va. Code Ch. 22, Art. 19.
Hazardous Waste Emergency Response Fund; § 22-19-1 to § 22-19-6
Stormwater Permitting
West Virginia DEP -
Multi-Sector Stormwater General Permit Information
Permit Number WV0111457
- Stormwater Associated with Industrial Activity
Issued: 09/12/19; Effective: 10/12/19; Expires: 09/12/24
MSGP Fact Sheet
Stormwater Annual Certification
Tire / Rubber
ISRI note:
W. Va. Code Ch. 22, Art. 15A.
and
Art 15, § 22-15-21.
contain the primary tire recycling sections among those listed below.
W. Va. Code Ch. 5B, Art. 2A, § 5B-2A-3.
Definitions. (ISRI note: Economic Development Act - Coalfield community development; "renewable and alternative energy" includes tire-derived fuel)
W. Va. Code Ch. 17, Art. 23.
Salvage Yards.
§ 17-23-2.
Definitions. (ISRI note: includes waste tire definitions)
§ 17-23-3.
License required; issuance; fee; renewal; disposition of fees. (restrictions for salvage yards with more than 100 unmounted waste tires)
W. Va. Code Ch. 17A.
Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions.
Art. 1, § 17A-1-1.
Definitions. (ISRI note: includes tire definitions)
Art. 4A, § 17A-4A-13.
Article not to apply to vehicle accessories. (ISRI note: article deals with liens and encumbrances on title, does not apply to liens created on tires)
Art. 8.
Special Antitheft Laws.
§ 17A-8-7.
Motor vehicle or special mobile equipment without manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses. (ISRI note: includes special mobile equipment tires from which an identifying mark has been altered or destroyed)
§ 17A-8-8.
Altering or changing a manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses. (ISRI note: includes special mobile equipment tires from which an identifying mark has been altered or destroyed)
Art. 10, § 17A-10-16.
Fee for the A. James Manchin Fund. (ISRI note: $5 tire remediation fee on each certificate of title issued)
W. Va. Code Ch. 17C.
Traffic Regulations and Laws of the Road.
Art. 1.
Words and Phrases Defined. (ISRI note: includes tire definitions)
Art. 15, § 17C-15-37.
Tire equipment restrictions; rules and regulations as to certain tires.
W. Va. Code Ch. 22.
Environmental Resources.
Art. 15.
Solid Waste Management Act.
§ 22-15-15.
Orders, inspections and enforcement; civil and criminal penalties. (ISRI note: includes penalties for accumulating or disposing of one thousand or more tires)
§ 22-15-19.
Municipal and commercial solid waste incineration and backhauling prohibited; exceptions. (ISRI note: includes requirements for pilot projects which may include tire or tire material incineration)
§ 22-15-21.
Waste tire management.
Art. 15A.
The A. James Manchin Rehabilitation Environmental Action Plan.
§ 22-15A-1.
Legislative findings and purpose. (ISRI note: direct reference to waste tires and waste tire piles)
§ 22-15A-2.
Definitions.
§ 22-15A-5.
Litter pickup and removal; education; government recycling responsibilities; monitoring and evaluation; study commission; repeal; report to Legislature. (ISRI note: permits state agencies and regional planning councils to establish and implement programs for recyclable materials, including rubber).
§ 22-15A-7.
Pollution prevention and open dumps.
§ 22-15A-8.
Waste tires prohibited in certain places; penalty.
§ 22-15A-9.
Creation of the A. James Manchin Fund; proceeds from sale of waste tires; fee on issuance of certificate of title.
§ 22-15A-10.
Department to administer funds for waste tire remediation; rules authorized; duties of Secretary.
§ 22-15A-11.
Disposal of waste tires.
§ 22-15A-12.
Remediation; liability for remediation and court costs.
§ 22-15A-13.
Injunctive relief; additional remedy.
§ 22-15A-14.
Authority of Commissioner of Bureau for Public Health. (ISRI note: permits enforcement of public health laws regarding waste tire piles)
§ 22-15A-22.
Prohibition on the disposal of certain items; plans for the proper handling of said items required. (ISRI note: includes tire disposal restrictions)
W. Va. Code Ch. 22C, Art. 3, § 22C-3-24.
Cooperation of board and enforcement agencies in collecting and disposing of abandoned household appliances and motor vehicles, etc. (ISRI note: Solid Waste Management Board; statute includes tires but references § 15A-24., which no longer exists)
W. Va. Code Ch. 24, Art. 2, § 24-2-1b.
Additional jurisdiction of commission. (ISRI note: Public Services Commission; includes establishment of rules for collection of waste tires by private commercial carriers of solid waste)
W. Va. Code Ch. 25, Art. 7, § 25-7-12.
Sale of inmate-made goods on open market prohibited; penalty; exceptions. (ISRI note: allows sale of products made by inmates from waste tires)
W. Va. Code Ch. 29, Art. 3A, § 29-3A-1.
Authority of fire officers in charge of fire, service call or other emergency; definition. (ISRI note: includes inspection for preplanning of places where any combustible material, including rubber, has accumulated or is liable to be accumulated)
W. Va. Code Ch. 64, Art. 11, § 64-11-5.
Division of environmental protection, office of waste management. (ISRI note: includes reference to waste tire management rule, 47 CSR 38G)
Vehicle Detitling / Dismantling
W. Va. Code Ch. 17, Article 24A.
Disposal of Abandoned Motor Vehicles, Junked Motor Vehicles, and Abandoned or Inoperative Household Appliances; § 17-24A-1 to § 17-24A-7
W. Va. Code Chapter 17A.
Motor Vehicle Administration, Registration, Certificate of Title, and Antitheft Provisions.
Article 4.
Transfers of Title Or Interest.
§ 17A-4-2.
Endorsement of certificate of title upon transfer by owner. (ISRI Note: exempts vehicles sold as scrap or dismantled)
§ 17A-4-10.
Salvage certificates for certain wrecked or damaged vehicles; fee; penalty.
Article 6.
Licensing of Dealers and Wreckers or Dismantlers; Special Plates; Temporary Plates or Markers; § 17A-6-1 to § 17A-6-26
Article 7, § 17A-7-1.
Operation of vehicles by financial institution or wrecker under special stickers; application and fees; expiration.
Article 9, § 17A-9-5.
Authority of division to suspend or revoke registration, certificate, etc. (ISRI Note: when registered vehicle has been dismantled or wrecked)
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Have Questions?
Justin Short
Manager, Gov't Relations
JShort@isri.org
(202) 662-8508
Abby Blocker
VP of State & Local Government Affairs
ablocker@isri.org
(202) 662-8511